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Bombay High CourtCAS/1301/2017ca disposed off

Aniruddha S/O Laxman Palkar v. Balchandra S/O Suresh Welankiwar

2022-07-28Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 7 cas 1301-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1301/2017 IN SECOND APPEAL ST. NO.21648/2017 Shri Aniruddha s/o Laxman Palkar Vs.

Shri Balchandra s/o Suresh Welankiwar and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y.D. Shukla, Advocate for applicant Shri S.S. Sokhi, Advocate for respondents CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

28/07/ Heard.

2.

Learned Counsel for both the parties filed joint pursis and are coming to the Court with a request that the matter is amicably setted and it was agreed that respondents will not claim any more amount from the appellant in furtherance to the decree passed in Special Civil Suit No.1332/2010 by 4th Joint Civil Judge, Senior Division, Nagpur. On the amount which he has received till date, he is satisfied. The respondents agreed to withdraw the execution proceedings i.e. Special Darkhast No.91/2012 pending before the learned Civil Judge, Senior Division, Nagpur.

3.

In view thereof, the appellant seeks permission to withdraw the application for condonation of delay as well as second appeal.

2 7 cas 1301-2017 4.

Both the parties agreed that they will not initiate any proceedings in future in respect of the suit. 5.

The respondents undertake to return the original agreement of sale to the appellant which is in the custody of learned Civil Judge Senior Division, Nagpur.

6.

The pursis No.03/2022 dated 28/07/2022 is taken on record. The appellant is allowed to withdraw the application for condonation of delay as well as second appeal, the application and appeal are disposed of as withdrawn.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE